Since this ease was argued and determined by the trial court, the decision in Coffman v. London & N. W. Am. M. Co. has been filed, 98 Minn. 416, 108 N. W. 840. Under that decision, the defendant not having a deed, was not entitled to judgment establishing title. The plaintiff’s motion for a new trial should therefore have been granted.

Order reversed and a hew trial granted.